132+282 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.-

CRM-11832-2026 in/and CRR-723-2026 (O&M)

Date of Decision : 24.03.2026 Baljyot Sidhu @ Baljoyt Sidhu ....Petitioner VERSUS State of Punjab and Another ....Respondents CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Aditya Anand, Advocate for the petitioner.

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MANDEEP PANNU J. (Oral)

1. The petitioner has filed the instant revision petition for setting aside the impugned judgment of conviction and order of sentence dated 01.08.2024, passed by the learned Judicial Magistrate Ist Class, SAS Nagar whereby he has been convicted and sentenced to undergo simple imprisonment for a period of 01 year for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and to pay compensation to the respondent No.2 to the tune of cheque amount i.e. Rs.15,00,000/- as also the judgment dated 27.01.2026, passed by learned Addl. Sessions Judge, SAS Nagar, vide which the appeal of the petitioner against the aforesaid judgment of conviction and order of sentence dated 01.08.2024 has been dismissed.

2. The brief facts of the case are that the complainant’s son is known to the accused persons since more than 10 years. It is the case of the complainant that accused Baljyot Singh is the friend of the complainant's son and he approached the complainant's son for a friendly loan. The son of the complainant requested the complainant to give the accused a sum of Rs. 8,00,000/- as friendly loan. In lieu of the repayment of the loan amount which had accrued for a total of Rs. 9,34,000/- (Rs. 8 lacs as principle amount + Rs. 1,34,000/- as interest) the accused had issued the cheque bearing no.711529 dated 22.10.2020 of Rs.9,34,000/- but the same was dishonoured when presented with the banker. Legal notice was issued but no reply was given. Thereafter, complainant filed the present complaint under section 138 NI Act.

3. The petitioner was convicted and sentenced to undergo simple imprisonment for a period of 01 year for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and to pay compensation to the respondent No.2 to the tune of cheque amount i.e. Rs.15,00,000/- by the learned Judicial Magistrate, Ist Class, SAS Nagar, vide order dated 01.08.2024. Feeling aggrieved, the present petitioner has filed the appeal, which was dismissed by the learned Additional Sessions Judge, SAS Nagar, vide order dated 27.01.2026. Hence the present revision petition has been filed.

4. The petitioner has also filed an application i.e. CRM-11832-2026 under Section 147 of the Act read with Section 528 of BNSS/482 Cr.P.C, seeking permission from this Court to compound the offence and to acquit him of the charges under Section 138 of Negotiable Instruments Act.

5. Learned counsel for the petitioner averred that during the pendency of the present revision petition, both the parties have compromised the matter and the petitioner paid an amount of Rs.1,50,000/- as full and final settlement of the dispute. He further submits that the offence under Section 138 of the Negotiable Instruments Act is essentially a civil wrong given the colour of criminal offence and once the dispute has been amicably settled and the complainant has received a substantial amount in full and final settlement, the very foundation of the complaint ceases to exist. Learned counsel for the petitioner prays that both the aforesaid judgments passed by the Courts below be set aside and the petitioner be acquitted of the charge(s) levelled against her.

6. Notice of motion.

7. On the asking of the Court, Mr. Sahil Chowdhary, AAG, Punjab accepts notice on behalf of the respondent-State and submits that this is a complaint case and he is not aware of any compromise effected between the parties.

8. Mr. Jatin, Advocate has appeared through Video Conferencing mode and filed power of attorney on behalf of respondent No.2, which is taken on record. He submits that the m